A BILL to amend and reenact §8-14-6 and §8-14-17 of the Code of
West Virginia, 1931, as amended, all relating to paid police
departments; and establishing that chiefs or deputy chiefs of
police are to return to their previously held position within
the paid police department following expiration of term as
chief or deputy chief.

Be it enacted by the Legislature of West Virginia:
That §8-14-6 and §8-14-17 of the Code of West Virginia, 1931,
as amended, be amended and reenacted, all to read as follows:

ARTICLE 14. LAW AND ORDER; POLICE FORCE OR DEPARTMENTS; POWERS,
AUTHORITY AND DUTIES OF LAW-ENFORCEMENT OFFICIALS
AND POLICEMEN; POLICE MATRONS; SPECIAL SCHOOL ZONE
AND PARKING LOT OR PARKING BUILDING; POLICE
OFFICERS; CIVIL SERVICE FOR CERTAIN POLICE
DEPARTMENTS.

PART V. CIVIL SERVICE FOR CERTAIN POLICE DEPARTMENTS.

§8-14-6. Qualifications for appointment or promotion to positions
in certain paid police departments to be ascertained by
examination; provisions exclusive as to appointments,
etc.; definitions.

(a) All appointments and promotions to all positions in all
paid police departments of Class I and Class II cities shall be
made only according to qualifications and fitness to be ascertained
by examinations, which, so far as practicable, shall be
competitive, as hereinafter provided.(b) No individual, except the chief or deputy chiefs of
police, shallif the position of deputy chief of police has been
previously created by the city council of that Class I or Class II
city, may be appointed, promoted, reinstated, removed, discharged,
suspended or reduced in rank or pay as a paid member of anya paid
police department, regardless of rank or position, of any Class I
or Class II city in any manner or by any means other than those
prescribed in the following sections of this article: Provided,
That an individual appointed chief or deputy chief of police who
held a position as a member of a paid police department in that
police department before the appointment as chief or deputy chief
of police shall be reinstated to the officer's previous rank
following his or her term as chief or deputy chief of police.(c) The term "member of a paid police department", whenever
used in the following sections of this article, shall mean and includemeansanyan individual employed in a paid police
department who is clothed with the police power of the state in
being authorized to carry deadly weapons, make arrests, enforce
traffic and other municipal ordinances, issue summons for
violations of traffic and other municipal ordinances, and perform
other duties which are within the scope of active, general law
enforcement.(d) The term "appointing officer", as used in the following
sections of this article, shall be construed to meanmeans the
Class I or Class II city officer in whom the power of appointment
of members of a paid police department is vested by charter
provision or ordinance of the city.

(a) Vacancies in positions in a paid police department of a
Class I or Class II city shall be filled, so far as practicable, by
promotions from among individuals holding positions in the next
lower grade in the department.(b) Promotions shall be based upon experience and by written
competitive examinations to be provided by the Policemen's Civil
Service Commission: Provided, That except for the chief or deputy
chiefs of police, if the position of deputy chief of police has
been previously created by the city council of that Class I or
Class II city, no individual shall beis eligible for promotion
from the lower grade to the next higher grade until such
the individual shall havehas completed at least two years of continuous service in the next lower grade in the department
immediately prior to saidthe examination: Provided, however, That
notwithstanding the provisions of section six of this article, any
member of a paid police department of a Class I or Class II city
now occupying the office of chief or deputy chief of police of such
that paid police department, or hereafter appointed to suchthe
office of chief or deputy chief of police, shall except as
hereinafter provided in this section, be and shall continue to be
is entitled to all of the rights and benefits of the civil service
provisions of this article, except that he or she may be removed
from suchthe office of chief or deputy chief of police without
cause, and the time spent by suchthe member in the office of such
chief or deputy chief of police shall be added to the time served
by suchthe member during the entire time he or she was a member of
saidthat paid police department prior to his or her appointment as
chief or deputy chief of police, and shall in all cases of removal,
except for removal for good cause, retain the regular rank within
saidthat paid police department which he or she held at the time
of his or her appointment to the office of chief or deputy chief of
police or which he or she has attained during his or her term of
service as chief or deputy chief of police.(c) The provisions of this section shall be construed to apply
and to inure to the benefit of all individuals who have ever been
subject to the provisions of this article. The commission shall
have the power tomay determine in each instance whether an
increase in salary constitutes a promotion.